Agenda item - Review of the Constitution - December 2018

Extract from the proceedings of the Policy, Resources & Growth Committee meeting held on the 6^th December, 2018 (copy to follow); together with a report of the Executive Lead Officer for Strategy, Governance & Law (copy attached).

53.1      Councillor Yates introduced the report and noted that the proposed changes to the Constitution had been through the Constitution Review Working Group and PR&G.  He stated that the Constitution was a constantly moving document and a demonstration of cross-party working and support.  He therefore moved that the recommendations of the Policy, Resources & Growth Committee be approved and stated that he was happy to accept the Green Group’s amendment.

53.2      Councillor Sykes formally moved an amendment to the recommendation on behalf of the Green Group and stated that he had raised concerns at the PR&G committee meeting and wanted to ensure that public participation in the democratic process was not curtailed.  He therefore felt it was important for the Constitution Review Working Group to review the process in due course.

53.3      Councillor Mac Cafferty formally seconded the amendment and stated that it was important to enable the public to hold the Administration to account.  He acknowledged the previous discussion at the PR&G committee meeting and the reassurances given by the Monitoring Officer and welcomed the acceptance of the amendment.

53.4      Councillor Wares endorsed the comments and welcomed the amendment and noted that the Constitution Review Working Group regularly reviewed the Constitution as the council and circumstances changed.  It was important to be open to change and paramount to remain transparent in terms of the democratic process.

53.5      Councillor Littman noted that councillors were able to ask questions on behalf of residents and were not as restricted in regard to public questions.  He also welcomed the decision of the Constitution Review Working Group to remove full Council from the list of bodies in relation to public involvement as he had not wanted to see questions limited if they were legitimate.

53.6      The Mayor noted that Councillor Yates had declined his right of reply and that the amendment had been accepted.  She therefore moved that the recommendations as amended be approved and put them to the vote which was carried unanimously.

53.7      RESOLVED:

(1)          That the proposed changes to the Council’s Constitution recommended in paragraph 2. 3 of the report be approved and adopted;

(2)          That the Chief Executive and Monitoring Officer be authorised to take all steps necessary or incidental to the implementation of the changes agreed by the Policy, Resources & Growth Committee and by Council, and that the Monitoring Officer be authorised to amend and re-publish the Council’s constitutional documents to incorporate the changes;

(3)          That the changes proposed in paragraph 2.3 of the report come into force immediately following their adoption at full Council;

(4)          That proposed changes set out in paragraph 2.4 of the report come into force immediately; and

(5)          That the proposed changes set out in paragraph 2.3 that refer to paragraphs 4.5-4.8 (Council Procedure Rules – Public Questions) are subject to a review, to be brought back to a meeting of the Constitutional Review Working Group in 6 months’ time.